Pages

Wednesday, June 12, 2013

ACLU Steps In To Help Marriage Equality Rally in Fresno

Marriage Equality USA is battling with the city of Fresno over
their Day of Decision event. Day of Decision events are those that are held across the country when landmark rulings by the courts are handed down.

The City won’t approve the use of the grounds in
front of the City Hall because a specific date can’t be given. That’s because
the event can’t be pinned down, since it depends on when the Supreme Court
makes the ruling. The ACLU has stepped in, sending a letter to the City. A
response is expected this week.

In the past, the City has granted use of the grounds under
the same circumstances. The Supreme Court rulings on both Prop 8 and DOMA will happen some time this month.

It’s LGBT Pride Month across the
country, and all eyes are on the U.S. Supreme Court as we wait for decisions in
two cases involving marriage for same-sex couples. So why is the City of Fresno
blocking local marriage equality supporters from holding a rally? The ACLU stepped in today to make sure the city isn’t
silencing free speech.

Marriage Equality USA wants to hold
a rally in support of the freedom to marry on the evening that the
hotly-anticipated Supreme Court rulings are issued. They followed city rules
and asked for permission to rally in the square outside City Hall.

Imagine their surprise when the City
denied their request. The City claims it can’t issue them a permit because the
activists are unable to predict the precise date that the Supreme Court opinion
will be issued.

Today the ACLU sent a letter to the City which describes how
this violates the First Amendment and asks the City to grant the permit.

Federal courts have made it clear
that, under the First Amendment, people have the right to respond to unexpected
or unpredictable events by holding demonstrations in public areas without
providing such notice. Cities can of course require permits for large events on
public open spaces, but the First Amendment demands that they must provide some
way for free speech in response to fast-breaking events.

Fresno should respect the
Constitution and grant Marriage Equality USA’s request for a permit to rally
outside City Hall at 6pm the day that the Supreme Court issues its ruling.

Michael T. Risher is a Staff
Attorney at the ACLU of Northern California. Follow @MichaelTRisher
on Twitter.